Thousands have visited Cesar Mora’s farm in central California this week for free nectarines. Mora is sharing his crop due to a legal dispute over exclusive rights to a white nectarine variety. More than 100,000 pounds of nectarines have been given away since Monday. Mora expressed satisfaction in sharing fresh fruit with the community, providing a bright spot in his challenging situation.
The legal conflict highlights tensions between farmers and entities claiming rights over new plant varieties. Since 2023, Mora, a third-generation farmer from Reedley in California’s Central Valley, has faced a lawsuit from Giumarra Brothers Fruit Co. The company alleges that Mora violated their contract by selling the white nectarines to other packers, despite Giumarra’s claimed exclusivity over the variety. A trial is scheduled for later this month.
“At its heart, this is a disagreement involving two written agreements, and it is being resolved the right way—in court and on the facts,” Giumarra stated via a legal representative. Mora accuses Giumarra of unfair practices as the case unfolds.
Fruit patents are increasingly common, offering breeders royalties from the fruit trees or the fruit produced. Notable examples include the Rainier cherry and Honeycrisp apple, initially exclusive but now public domain.
The dispute centers on the “Monalise” nectarine variety, known for its sweet taste. According to Giumarra, Star Fruits Diffusion, a French company, owns all rights to Monalise, while they hold sublicensing rights for various production activities. Star Fruits Diffusion declined to comment.
Mora entered a sublicensing agreement with Giumarra in 2017, followed by a marketing agreement in 2019, requiring sales through Giumarra. The agreements involved royalties and commissions. Mora criticizes Giumarra for purported waste of his nectarines and alleged unauthorized sales in Taiwan. These claims are contested by Giumarra, with some deemed outside the statute of limitations by a judge. Mora attempted to dissolve these agreements, leading to a lawsuit for contract breach.
Mora’s legal team argues Giumarra did not possess the proper license documents for the Monalise variety. Giumarra contends in filings that Monalise lacks a U.S. plant patent, yet the judge ruled the contract’s validity is independent of a patent’s existence.
The case has left Mora disheartened, losing a significant portion of his income. While he continues to farm other fruits not bound by such agreements, Mora hopes his case encourages stronger grower protections. Meanwhile, locals support his giveaway effort, raising funds to assist him amid legal struggles.
“The only saving grace through all this is being able to share it with the public,” said Mora, highlighting the community support he has received. A GoFundMe campaign has raised over $17,000 to back his cause.